Legal Opinion

Stein v. Oshinsky

Court of Appeals for the Second Circuit

Decided July 7, 1965No. 457, Docket 28812PublishedCited by 33 opinions

1Opinion of the Court

FRIENDLY, Circuit Judge.

The decision in Engel v. Vitale, 370 U.S. 421, 82 S.Ct. 1261, 8 L.Ed.2d 601, condemning the “Regents’ prayer” as violating the Establishment Clause of the First Amendment, held to be applicable to the states by the Fourteenth, was rendered on June 25, 1962, too late to affect the 1961-62 school year. The case now before us reflects a response to that decision by parents who think their children ought have some form of religious observance while in public school.

The amended complaint, filed in March, 1963, in the District Court for the Eastern District of New York, made…

2Cases cited12 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. Sherbert v. VernerSupreme Court of the United States · 1963
  3. Everson v. Board of Ed. of EwingSupreme Court of the United States · 1947
  4. Abington School Dist. v. SchemppSupreme Court of the United States · 1963
  5. Zorach v. ClausonSupreme Court of the United States · 1952

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3Cited by33 opinions

  1. Jeanne Brandon v. The Board of Education of the Guilderland Central School DistrictCourt of Appeals for the Second Circuit · 1980
  2. Skoros v. City of New YorkCourt of Appeals for the Second Circuit · 2006
  3. Houk v. RossOhio Supreme Court · 1973
  4. In the Matter of Frederick J. ChaseCourt of Appeals for the Seventh Circuit · 1972
  5. Kissinger v. New York City Transit AuthorityDistrict Court, S.D. New York · 1967

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